The extract of an order "It is clear from this provision that if any technical staff or employee is called for work on Sunday, Second Saturday or any Public holiday, he will be granted compensatory holiday(s) within the same month or within the two months immediately following that month and shall not be entitled for any overtime allowance"
The factory is covered under factories Act, 1948 and exempted from provision of sections 51, 52, 54 & 56 of the said Act.
Please give comments
A. Khan
From India, Mumbai
The factory is covered under factories Act, 1948 and exempted from provision of sections 51, 52, 54 & 56 of the said Act.
Please give comments
A. Khan
From India, Mumbai
Dear Mr. Khan
What is your query...your post does not call for any comment as the said "order" is precisely in line of legal provisions. For weekly off and declared Holidays there should be provisons for giving CO. just check for 2nd and 4th Saturdays as its Additional Off- for which there could be claim for Over Time and not CO.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
300What is your query...your post does not call for any comment as the said "order" is precisely in line of legal provisions. For weekly off and declared Holidays there should be provisons for giving CO. just check for 2nd and 4th Saturdays as its Additional Off- for which there could be claim for Over Time and not CO.
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
The extract is the portion of Order quoted above. Let me put here the same query in other way.
As per the Section 59 of the Factories Act, 1948 the worker will be paid overtime allowance at the rate of twice their ordinary rate of wages for the overtime work performed beyond 48 hours in any week.
Accordingly 7 days x 8 hrs. = 56 hrs. it means that the work performed on Sunday are 8 extra hours which are beyond 48 hours in a week and therefore eligible for double OT
Section 52: A worker is deprived of any of the weekly holidays for which provisions is made in sub-section (1) of that section, he shall be allowed , within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
Therefore the worker is entitled for double OT allowances and a compensatory Holiday.
From India, Mumbai
As per the Section 59 of the Factories Act, 1948 the worker will be paid overtime allowance at the rate of twice their ordinary rate of wages for the overtime work performed beyond 48 hours in any week.
Accordingly 7 days x 8 hrs. = 56 hrs. it means that the work performed on Sunday are 8 extra hours which are beyond 48 hours in a week and therefore eligible for double OT
Section 52: A worker is deprived of any of the weekly holidays for which provisions is made in sub-section (1) of that section, he shall be allowed , within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
Therefore the worker is entitled for double OT allowances and a compensatory Holiday.
From India, Mumbai
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Maharashtra Special allowance Notification July 14 to Dec 14.pdf
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